Practice question
After default, a plaintiff demands an unspecified sum for mental suffering solely because the defendant did not answer. It presents no evidentiary or legal basis for quantification and claims silence conclusively proves the amount. Which limitation matters?
- Default does not conclusively admit the amount of unliquidated damages or authorize an unsupported award
- Silence proves any amount later selected
- Default authorizes punishment beyond the claim
- Every unquantified demand is automatically a liquidated debt
- The clerk may choose damages without judicial assessment
Legal references
- 2019 Civil Procedure Amendments, relevant current Rules9–12: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Rules of Court, relevant unchanged provisions of Rules9–12: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Rodriguez v Government of USA GR251830 June28,2021 MAIN default remedies: https://lawphil.net/judjuris/juri2021/jun2021/gr_251830_2021.html
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